Section 730.1712 - Conduct of Hearings-General Requirements(a) The administrative law judge is in charge of proceedings. He has the authority to administer oaths, examine witnesses, issue subpoenas and commissions, and rule on admissibility of evidence and amendments to pleadings. He may also establish reasonable time limits for conducting individual hearings, request additional information, and issue intermediate orders. He has the authority to issue any orders necessary to enforce his rulings. These include, but are not limited to, the following: (1) exclusion of evidence or witnesses;(2) exclusion of oral argument;(3) summary orders or default judgment on any issues;(4) postponement or dismissal of the hearing with or without prejudice.(b) Subject to the administrative law judge's rulings and orders, opportunity must be given to all parties to respond to and present evidence and argument on all issues involved.(c) The petitioner and the respondent have opportunities to call any witnesses desired, but within the limits the administrative law judge sets.(d) If a party does not appear for the hearing, a default decision may be entered against him.(e) The administrative law judge may grant a postponement or continuance of the hearing for just cause.(f) A record must be made of the proceedings. The record in the case includes: (1) all pleadings, motions, and intermediate rulings;(2) evidence received or considered;(3) a statement of matters officially noticed;(4) questions and offers of proof, objections, and rulings on them;(5) proposed findings and exceptions;(6) any decision, opinion, or report by the administrative law judge; and(7) all staff memoranda or data submitted to or considered by the administrative law judge in making his decision.(g) A stenographic record of each hearing must be made. If requested by the administrative law judge, the proceedings must be transcribed and a transcript given to the administrative law judge. The costs associated with recording and transcribing the hearing may be assessed to one or more parties. If a party wants a transcript of the hearing, that party must pay all costs associated with providing the transcript. If a party fails to appear at a hearing and a default decision is entered against that party, the administrative law judge may assess court reporter costs against the defaulting party. The administrative law judge must designate the court reporter to record the proceedings.(h) The parties to the hearing may conduct cross-examinations required for a full and true disclosure of the facts.(i) Before or during the hearing, the administrative law judge may call or request any party to call a witness or witnesses the judge believes necessary to make the final decision.(j) Upon notifying all parties, the administrative law judge may communicate with department employees who have not participated in the hearing, to use the special skills or knowledge of the agency and its staff in evaluating the evidence. The administrative law judge may allow all parties to be present during this communication and, at his sole discretion, may allow parties to question the employee. The employee's communication is not part of the hearing and need not be recorded.(k) Any motion relating to a pending proceeding, unless made during a hearing, should be in writing and specify the desired relief and the specific reasons and basis for this relief. If based upon matters that do not appear of record, the motion must be supported by affidavit. Motions must be filed with the administrative law judge.(l) A party filing any protest, reply, answer, motion, or other pleading in any hearing after the hearing request has been filed must mail or otherwise deliver a copy to every other party of record. If any party has appeared in the proceeding by attorney or other representative authorized to make appearances, the attorney or other representative must be served. The willful failure of any party to make this service is sufficient grounds for the administrative law judge to enter an order striking the pleading from the record.(m) A certificate by the party, attorney, or representative who files a pleading stating that it has been served on the other parties will be prima facie evidence of service. The following form of certificate is sufficient. I hereby certify that I have this day of _______, 19_____, served copies of the foregoing pleading upon all other parties to this proceeding, by (here state the manner of service). __________ Signature(n) In all procedural matters not specifically governed by these sections, the Texas Rules of Civil Procedure apply, unless the administrative law judge determines that good cause exists for waiving these rules.(o) Records of the hearing are kept in department files for four years after a final decision is rendered or until any subsequent litigation arising from the hearing has been resolved.(p) At all hearings, each party, witness, attorney, representative, or other person must show proper dignity, courtesy, and respect for the administrative law judge and others participating in or observing the hearing. The administrative law judge is authorized to act as he considers necessary and appropriate to maintain proper decorum and conduct. Actions may include, but are not limited to, recessing the hearing to be reconvened at another time or place or excluding from the hearing any party, witness, attorney, representative, or other person for a period and under the conditions that the administrative law judge considers fair and just.40 Tex. Admin. Code § 730.1712
The provisions of this §730.1712 adopted to be effective January 1, 1990, 14 TexReg 5937; duplicated effective September 1, 1992, as published in the Texas Register September 11, 1992, 17 TexReg 6279.